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HB 242: "An Act establishing landing fees for the Deadhorse Airport; establishing an oil and gas company contribution toll for use of the James Dalton Highway by certain vehicles; and providing for an effective date."

00                             HOUSE BILL NO. 242                                                                          
01 "An Act establishing landing fees for the Deadhorse Airport; establishing an oil and gas                                
02 company contribution toll for use of the James Dalton Highway by certain vehicles; and                                  
03 providing for an effective date."                                                                                       
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1. The uncodified law of the State of Alaska is amended by adding a new section                          
06 to read:                                                                                                                
07       SHORT TITLE. This Act may be known as the Oil and Gas Company Contribution                                        
08 for James Dalton Highway and Deadhorse Airport Maintenance and Operations Cost Act.                                     
09    * Sec. 2. AS 02.15.090 is amended by adding a new subsection to read:                                              
10            (j)  The department shall establish landing fees for aviation-related users of the                           
11       Deadhorse Airport to fund the operation and maintenance of the airport.                                           
12    * Sec. 3.  AS 19.40 is amended by adding a new section to read:                                                    
13            Sec. 19.40.215. James Dalton Highway oil and gas company toll. (a) The                                     
14       portion of the James Dalton Highway between milepost 413 and milepost 415 near                                    
01       Deadhorse, Alaska, is designated as a toll road.                                                                  
02 (b) Except as provided under (c) of this section, the department shall collect a                                        
03 toll for passage on the toll road designated by (a) of this section by a vehicle that is                                
04 transporting personnel or goods for use by an oil or gas developer, explorer, or                                        
05 producer. The department shall annually establish tolls so that the total amount of tolls                               
06 collected approximately equals the portion of actual maintenance costs for the                                          
07 highway caused by use of the highway by an oil or gas developer, explorer, or                                           
08       producer.                                                                                                         
09            (c)  The department may not charge a toll for a vehicle that                                                 
10 (1)  is engaged in transporting goods for use by the Alyeska Pipeline                                                   
11       Service Company; or                                                                                               
12 (2)  is not transporting personnel or goods for use by an oil or gas                                                    
13       developer, explorer, or producer.                                                                                 
14 (d)  An operator of a vehicle who pays a toll under this section while                                                  
15 transporting personnel or goods for use by an oil or gas developer, explorer, or                                        
16 producer may request reimbursement of the toll from the developer, explorer, or                                         
17 producer. The oil or gas developer, explorer, or producer shall reimburse the operator                                  
18       within 30 days after the operator submits a request for reimbursement.                                            
19 (e)  An operator of a vehicle who pays a toll under this section may institute an                                       
20 action in the superior court if an oil or gas developer, explorer, or producer fails to                                 
21 reimburse the operator as provided under (d) of this section. If an operator bringing an                                
22 action prevails, the operator is entitled to full reasonable attorney fees and court costs,                             
23       as allowed by the rules of court.                                                                                 
24            (f)  In this section,                                                                                        
25                 (1)  "explorer" has the meaning given in AS 43.55.900;                                                  
26                 (2)  "producer" has the meaning given in AS 43.55.900.                                                  
27    * Sec. 4. This Act takes effect January 1, 2018.